Administrative procedure for granting the status of a child affected by armed hostilities and military conflicts
The article explores the current legal aspects of determining the status of a child affected by armed hostilities and military conflicts under the conditions of martial law in Ukraine. The focus is on the importance of ensuring the effective realization of the rights of children who have suffered psychological or physical abuse, lost their parents, sustained injuries or disabilities, were taken captive, or became victims of other forms of armed aggression. The study analyzes the applicable legal framework, particularly the provisions of the Law of Ukraine «On Child Protection,» which designates guardianship and custody authorities as the primary actors responsible for granting this status. Special attention is given to the Procedure for granting the status of a child affected by armed hostilities and military conflicts, approved by Resolution No. 268 of the Cabinet of Ministers of Ukraine, dated April 5, 2017. The article highlights problematic aspects of legal implementation, such as the absence of unified criteria for establishing the fact of being affected, inconsistent interpretation of regulatory provisions, and challenges faced by children who are not officially registered as internally displaced persons. The author emphasizes the need to update the regulatory framework, taking into account the provisions of the Law of Ukraine «On Administrative Procedure,» particularly regarding interagency cooperation among relevant institutions. The article outlines prospects for improving the administrative mechanism to ensure the best interests of the child are upheld in practice. Special attention is also paid to the adaptation of children affected by war, including those entitled to status due to the death, disappearance, captivity, or wounding of their parents – whether civilians or recognized as deceased Defenders of Ukraine in accordance with Resolution No. 740 of September 23, 2015.
Authors
- B. L. Vasyliuk
Institutions
- Copiah-Lincoln Community College (US)
Publication Details
- Journal
- Uzhhorod National University Herald Series Law
- Published
- 2025-05-20
- DOI
- https://doi.org/10.24144/2307-3322.2025.88.2.42
- Primary Topic
- Legal, Health, Environmental and COVID-19 Challenges
- Type
- article
- Field-Weighted Citation Impact
- 0.00